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●   Volume I Number 1   ●   October 2008  ●    Archives of Past Issues   

 
Message from the Chair

          This is the first edition of the Family Law Section's eNews.
     The eNews will include family law case updates and news of upcoming events.
     This is an exciting time for our section. The executive committee is having a
     forum on how we can work with the Elkins Task Force on improving efficiency and
     fairness in family law proceedings.

          On November 15, 2008, the section is presenting its
     2nd Annual Family Law Trial Advocacy Program: The Support Trial.

          This Saturdaythe family law dinner dance will be at the
     Luxe Summitt Hotel on October 25, 2008. The section will be installing
     its new officers and honoring Judges Kenneth Black and Robert Schnider.

          Please join us for these events.
 
      Sincerely,
     William J. Glucksman, Esq.
     Section Chair, Family Law
 
Editor's Message

    
          The Family Law Section's NEW eNews is designed to provide
     members of the section case updates and notices of upcoming events.
     We welcome your suggestions and comments.

          Please be sure to visit our new Section Web site.

      Sincerely,
     Peter Walzer, Esq.
     Editor, eNews
         
       

In This Issue

Cases from June through August, 2008

 
 

--  View All Family Law Events -- 

  • This Saturday! October 25, 2008
    Family Law Dinner Dance and Installation of Officers ( 10/25/2008)
    Register Now
  • November 15, 2008
    2nd Annual Family Law Trial Advocacy Program: The Support Trial (4:15 PM)
    Sign up now.
  • December 2, 2008
    Family Law Inn of Court (12/02/2008 7:30 PM)
    Sign up now.

 


-Division of Pension Plans-
Where husband's previous spouse withdrew retirement contributions in her portion of husband's California Public Employees' Retirement System retirement account, and husband repurchased the credits with community funds during a second marriage, trial court did not abuse its discretion in concluding that the repurchased service credits were community property. Although trial court was not required to order wife to make an equalizing payment to husband for half the actuarial value of the survivor benefit, trial court abused its discretion in awarding entire survivor benefit to wife in return for payment of half of actuarial cost as opposed to actuarial value where actuarial value far outweighed actuarial cost.

In re Marriage of Sonne - filed July 16, 2008, Sixth District
    Cite as 2008 SOS 4265
     Full text

Back to Top


-Factual Basis for Stepparent Adoption-

For purposes of allowing stepparent adoption, trial court's finding that father had abandoned child was supported by substantial evidence, including proof that he had committed crimes resulting in incarceration, did not maintain contact with child while incarcerated, and did not seek custody or visitation rights after his release, and that he gave mother and other family members de minimis amounts of money to support child.

Adoption of Allison C. - filed June 30, 2008, publication ordered July 11, 2008, Fourth District, Div. Three
     Cite as 2008 SOS 4126
     Full text

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-Grounds for Annulment-
Where marriage ceremony was performed in California by Mexican official who issued a marriage license stating that wedding had been performed in Mexico, a reasonable person would have had noticed that license and marriage were not valid, thus husband was not a putative spouse of that marriage. Where husband entered into later marriage ceremony with wife while continuing to carry on a sexual relationship with wife's sister, husband purposefully deceived wife into thinking husband would perform a central obligation of marriage contract--fidelity--and thereby committed fraud, entitling wife to a judgment of annulment.

In re Marriage of Ramirez & Llamas - filed July 30, 2008, Fourth District, Div. Two
     Cite as 2008 SOS 4702
     
Full text

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-Income Available for Support-
Where mother and father divorced and agreed to share custody of two minor children with no child support obligations to each other, mother later retired, and father sought to have wife's income before retirement imputed to her, father bore burden of establishing wife's ability and opportunity to earn. Father's showing that mother had retired before 65 and what mother made before retirement was insufficient.

In re Marriage of Bardzik - filed July 25, 2008, Fourth District, Div. Three
     Cite as 2008 SOS 4547
     
Full text

Back to Top


-Income Available for Support-
Where husband earned a fixed annual salary that was half of what husband had previously earned, with a possible discretionary bonus up to 150 percent of that amount, support agreement requiring husband to pay nearly all his take-home pay in support payments and borrow for living expenses, based on assumption that husband would earn six-figure bonus each year, as evidenced by husband's one-year history with employer, was a miscarriage of justice, and trial court abused its discretion in refusing to modify support obligations based on changed circumstances.

In re Marriage of Mosley - filed August 14, 2008, Fourth District, Div. Three
Cite as 2008 SOS 5003
     
Full text

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-Inputation of Income-
Where mother and father divorced and agreed to share custody of two minor children with no child support obligations to each other, mother later retired, and father sought to have wife's income before retirement imputed to her, father bore burden of establishing wife's ability and opportunity to earn. Father's showing that mother had retired before 65 and what mother made before retirement was insufficient.

In re Marriage of Bardzik - filed July 25, 2008, Fourth District, Div. Three
     Cite as 2008 SOS 4547
     
Full text

Back to Top


-Retirement Age-
Where mother and father divorced and agreed to share custody of two minor children with no child support obligations to each other, mother later retired, and father sought to have wife's income before retirement imputed to her, father bore burden of establishing wife's ability and opportunity to earn. Father's showing that mother had retired before 65 and what mother made before retirement was insufficient.

In re Marriage of Bardzik - filed July 25, 2008, Fourth District, Div. Three
     Cite as 2008 SOS 4547
     
Full text

Back to Top


 
Los Angeles County Bar Association
2008-09 Family Law Section Newsletter
FAMILY LAW SECTION eNEWS
Peter Walzer, Editor


SECTION OFFICERS
Chair
William J. Glucksman

Chair-Elect
Roberta Bennett

Vice-Chair 
Melvyn J. Ross

Treasurer
Robert C. Brandt

Secretary
Debra S. Frank

Immediate Past-Chair
Ira M. Friedman

Section Administrator
Gail Coleman

EXECUTIVE COMMITTEE MEMBERS

Judy L. Bogen
Laurel B. Brauer
Ronald F. Brot
Gary Fishbein
John A Foley
David H. Friedman
Raymond R. Goldstein
Barbara K. Hammers
Jeffery S. Jacobson
Paula Kane
David S. Karton
Tracy F. Katz
Seth Kramer
Hon. Susan L. Lopez-Giss

Connolly Oyler
Cari M. Pines
Lucia A. Reyes
Lynette B. Robe
Rachel K. Rothbart
Roslyn S. Soudry
Joseph P. Spirito
Jeff M. Sturman
Evan T. Sussman
Sorrell Trope
Heidi S. Tuffias
Charles K. Wake
Peter M. Walzer
David K. Yamamoto

 

SUB-SECTION MEMBERS
Judicial Liaison, Commr. John Chemeleski
Judicial Liaison, Hon. Mark A Juhas
Judicial Liaison, Hon. Maren E. Nelson 
Judicial Liaison, Hon. Marjorie S. Steinberg
Liaison, Noel H. Appelbaum, CPA
Liaison, David Kuroda
Liaison, Margaret A. Little, Ph.D.
Liaison, Mary Lund Ph.D.
Liaison, Susan V. Thrall, LMFT
Barrister Liaison, Kelley Finan
Past Chair, Harold J. Cohn 
Past Chair, James R. Eliaser 
Past Chair, Dianna J. Gould-Saltman 
Past Chair, Dvorah Markman 
Past Chair, Leonard J. Meyberg Jr.  

 

 


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